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JACOBS v. U.S.

No. 91 Civ. 7505 (RPP).

794 F.Supp. 509 (1992)

Herschel JACOBS, (Sr.), Plaintiff, v. The UNITED STATES of America, Metropolitan Life Insurance Company, and Gladys Ponce Jacobs, individually, and as natural guardian of Herschel Jacobs, Jr., Defendants.

United States District Court, S.D. New York.

June 25, 1992.

Attorney(s) appearing for the Case

Viders & Wiesen, Carle Place, N.Y. by Jay R. Viders, for plaintiff.

Otto G. Obermaier, U.S. Atty. for the Southern District of New York, New York City by Kathy S. Marks, Asst. U.S. Atty., for defendant U.S.

William J. Toppeta, Metropolitan Life Ins. Co., New York City by Jonathan Glasser, for defendant Metropolitan Life Ins. Co.

Richard D. Hott, New York City by Richard D. Hott, for defendant Gladys Ponce Jacobs.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action for damages alleging the wrongful payment of the proceeds of a Federal Employees Group Life Insurance ("FEGLI") policy. Defendants United States and Metropolitan Life Insurance Company ("Met Life") move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Amended Complaint for failure to state a claim upon which relief can be granted. Defendant Gladys...

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